Ex parte GALLAGHER et al. - Page 8




                 Appeal No. 96-3684                                                                                                               
                 Application 08/318,034                                                                                                           

                 semiconductor materials can be employed to fill the voids in the porous glass.  Moreover, Enoki does not                         

                 disclose that ZnS is doped with Mn.  It appears that ZnS and Mn salts diffuse into the surface layer of                          

                 another semiconductor material in the resultant photoconductive particle, namely, CdSe.  In addition, the                        

                 examiner has not explained why increasing the threshold  voltage would have suggested to or motivated                            

                 a person having ordinary skill in the art to substitute Enoki’s photoconductive particles for Herron’s                           

                 semiconductor.                                                                                                                   

                         We further considered the EPSE reference, but we do not find that this reference makes up for the                        

                 deficiencies of either Herron or Enoki.  Therefore, we find that the examiner has not established a prima                        

                 facie case of obviousness of the claimed subjected matter over the combined teachings of Herron, Enoki                           

                 and EPSE as suggested by the examiner.  Accordingly, we reverse rejection the rejection of claims 10-23                          

                 under 35 U.S.C. § 103 over Herron, Enoki and EPSE.                                                                               

                                                                 Conclusion                                                                       

                         For the foregoing reasons,  the examiner’s rejections of claims 10-23 under 35 U.S.C. § 103 are                          

                 reversed.                                                                                                                        

                                                                 REVERSED                                                                         





                                          CAMERON WEIFFENBACH                        )                                                            
                                          Administrative Patent Judge               )                                                             
                                                                                     )                                                            

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